Dallas Aggravated Assault with a Deadly Weapon
The term “aggravated assault” refers to the presence of an aggravating factor, a circumstance that makes an action more severe, in an instance of assault. The use of a deadly weapon to commit an assault, defined as any action that causes a victim to suffer bodily harm or fear a legitimate threat to his or her physical safety, is an aggravating factor.
Any weapon that can cause a victim to suffer a severe injury or death may be considered a deadly weapon. These include items defined as “deadly weapons by design,” such as firearms, as well as items that can be deemed “deadly weapons by use,” which include golf clubs, cooking instruments, motor vehicles, razors, and even hot water and flashlights.
Aggravated assault and deadly conduct are similar charges, but they are not the same. Deadly conduct with a weapon can include recklessly firing a gun or even simply pointing it at another party. Deadly conduct can be charged as a Class A misdemeanor or a third degree felony, depending on the circumstances surrounding the case.
Aggravated assault with a deadly weapon is defined as any incident of using a deadly weapon to commit an assault. This can include threatening a victim with bodily harm or engaging in contact that the victim finds offensive, even if the victim does not actually suffer physical harm as a result of the assault. Aggravated Assault cases can range from pointing a knife or gun at someone all the way to someone suffering severe or life-ending injuries from the use of a gun, knife, auto, or any other weapon the police or prosecutor wants to charge you with using.
In most cases, aggravated assault with a deadly weapon is charged as a second degree felony. The penalties for this conviction are two to 20 years in prison and a fine of up to $10,000.
There are a variety of possible defense strategies you can use to fight your charge. These include:
- The prosecution gathered evidence illegally;
- A lack of evidence connecting you to the offense that occurred;
- A lack of evidence to show that any offense occurred; and
- Polygraph examinations to prove that you did not have sex without consent
- Obtaining social media and other electroinic evidence to prove you did no commit the crime.
Talk to an experienced criminal defense lawyer to determine the most effective defense strategy for your case.
Contact J. Michael Price II today to set up your initial consultation with an experienced criminal defense lawyer to discuss your legal options and your future possibilities with your case. Maybe the alleged attack did not actually occur, or maybe you hurt the other party in an act of self defense. Whatever the truth is for your case, it can be part of a strong defense strategy. Do not wait to start working with a lawyer. As soon as you can after your arrest, contact an experienced criminal defense lawyer to start developing your legal defense strategy.